HBA-TBM H.B. 3212 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3212
By: George
Business & Industry
3/26/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, a claimant may sue an insurance carrier to enforce
compliance with a final order or decision rendered by the Texas Workers'
Compensation Commission (TWCC).  Current law also provides for an
administrative penalty for failure to comply with an order from TWCC.
These provisions may not be effective due to delays and litigation costs
the claimant incurs and the lack of enforcement by the court system.
Despite being authorized to issue interlocutory orders by the 76th
Legislature, TWCC's authority may have been limited due to the language of
the law.  House Bill 3212 clarifies TWCC's authority to enforce its orders.

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 3212 amends the Labor Code to provide that if a person refuses
or fails to comply with an interlocutory order, final order, or decision
(order) of the Texas Workers' Compensation Commission (TWCC), TWCC is
authorized to bring suit in Travis County to enforce the order or decision.
If TWCC brings suit to enforce an order, TWCC is entitled to reasonable
attorney's fees and costs for the prosecution and collection of the claim,
in addition to a judgment enforcing the order and any other remedy provided
by law.  The bill requires a party seeking judicial review to
simultaneously file a copy of the party's petition with the court, serve
any opposing party to the suit, and provide written notice of the suit or
notice of appeal to TWCC.  A party is prohibited from seeking judicial
review unless the party has provided the required written notice of the
suit to TWCC.  The bill provides that settlement of a claim or issue  or a
judgment based on default or an agreement of the parties does not
constitute a modification or reversal of the decision awarding benefits for
the purpose of reimbursement for overpayment.  

EFFECTIVE DATE

September 1, 2001.